Rule 1.266.Notice of action

Certification is only meaningful if the people bound by the outcome know the case exists. Rule 1.266 requires the court, after certification, to order notice given to the class, built around the certification order and any amendment to it. That notice has to cover a lot of ground: a description of the case and the relief sought, the names and addresses of the representative parties, the right to opt out under rule 1.267 by a set date, the possible financial consequences to class members, any counterclaim being asserted by or against the class, a statement that the judgment will bind everyone who does not opt out, the right to appear personally or through counsel, and an address for questions.

The rule sets a concrete threshold for how personal that notice must be. Any class member -- other than a representative party -- whose potential recovery or liability is estimated to exceed $100 must get personal or mailed notice if reasonable diligence can turn up that person's identity and address. For everyone else, the court must arrange, at minimum, a form of notice reasonably calculated to reach the class, using whatever mix of newspaper, television, radio, posted notices, or notice through trade, union, or public-interest groups fits the case. The plaintiff advances the cost of notice if there is no counterclaim; if there is one, the court allocates that expense as justice requires, and it can order steps taken to keep the expense down.